Background:

Elliot is a confident and trusted advocate combining good judgment on the law with a firm and detailed approach to cross-examination and sensitive client handling. The quality of Elliot’s advocacy is reflected in his appointment to the Attorney General’s ‘C’ Panel of Junior Counsel to the Crown.

Elliot practices in:

• police, public and administration and licensing law;
• personal injury and employment law.

Police law:

Elliot acts for many police forces throughout England and Wales.

Police discipline and misconduct:

Elliot is an experienced and demanded advocate in both police misconduct hearings and the Police Appeals Tribunal, often appearing against counsel senior to himself or as an independent legal adviser. He has acted alone when presenting cases against multiple officers, two recent matters being one case involving three officers and another involving eight.

Elliot has either presented cases or acted as a legal advisor in misconduct hearings or appeals involving the following:

• Deaths in custody;
• Deaths after a failure of police officers to obtain or provide medical assistance;
• Corruption, involving confidential information sources;
• Computer misuse;
• Dishonesty, including matters involving defences based upon the Disability Discrimination Act 1995 / Equality Act 2010;
• Discrimination and/or harassment.

Elliot has a thorough knowledge of the Police Regulations, has been involved in many NPIA approved seminars on the misconduct regime, and often advises in writing upon their meaning and effect. Elliot’s expertise in employment law makes him particularly suited to cases involving discrimination.

Civil actions in the County Court and High Court:

Elliot has defended numerous civil claims involving police interference with persons or property. Elliot provides a quick turnaround for advices or the settling of defences or counter-schedules concerning unlawful detention, trespass to land or goods, seizure and destruction of vehicles, misfeasance and breach of duty of care.

Elliot has acted in a number of High Court injunctions hearings relating to the lawfulness of police searches, seizures and warrants and their related High Court and/or County Court substantive actions for damages. Other work has included the lawfulness, accuracy and damages claims surrounding enhanced criminal record disclosures and Data Protection Act claims.

In relation to discrimination (non-employment) claims, Elliot settles responses to discrimination questionnaires and defences.

Recent cases have involved:

Nardone v Chief Constable of Dorset Police (2012):

On the obligation of the Chief Constable to disclose police records and information pursuant to Data Protection Act 1988.

Bohling v Chief Constable of Humberside (2011):

Striking out a claim against the Chief Constable brought incorporating negligence, breach of Article 2 and 8 arising from the investigation into the disappearance of an eighteen year-old.

Dean v Commissioner of Police of the Metropolis (2011):

A claim for damages by the Claimant, having been stopped by the police, alleging assault by a police officer, unlawful detention, unlawful search of his home contrary to his consent and without lawful authority, unlawful seizure and retention of his property.

Messenger v Chief Constable Kent (2011):

A claim for damages alleging unlawful seizure and retention of property.

Morris v Commissioner of Police of the Metropolis (2011):

A claim for damages arising from an arrest stated to be unlawful and discriminatory, unlawful conditions relating to his detention and assault. Issues of abuse of process and discrimination contrary to the Race Relations Act 1976.

Non-intimate samples (2011):

Advice on the lawfulness of obtaining a second non-intimate sample pursuant to PACE section 63 where the original was damaged or mislaid.

Seizure of steroids (2012):

Advice on the continued retention by the police of amphetamine which they wished not to return from the person from whom they were seized.

Destruction of a dog (2012):

Advice on the circumstances in which the Chief Constable could destroy an aggressive dog where the Claimant was unable to take possession of it but resisted its destruction.

Civil actions in the criminal courts:

Elliot appears in the more complex first-instance hearings and appeals involving cash forfeiture. He also acts in other appeals arising from closure orders or anti-social behaviour orders where there are complicated arguments of law.

Other police-law issues:

Police law touches upon many diverse and different issues. Matters in which Elliot has been instructed include criminal records bureau reports and disclosure of documents and material both into and out of family cases.

Administrative and public law:

Elliot acts in judicial review hearings, whether substantive hearings or at the permission stage, concerning police decisions and actions, whether alone or where the IPCC is also a party. He has appeared in a number of permission hearings both in London and also in the Manchester ‘Civil Justice Centre’.

In relation to written work, he provides a prompt service in settling detailed grounds of resistance and advising on prospects of success.

Recent matters have included advising or settling documents in relation to;

R (Iqbal) v (1) Commissioner of Police of the Metropolis (2) Director of Public Prosecutions (3) Manzoor (4) Baig (2012):

Judicial review arising from a decision of the police not to prosecute and/or re-investigate a claim of harassment and/or fraud.

R (Dyer) v Chief Constable of Hertfordshire Constabulary (2012):

Judicial review arising from an alleged failure of the police over a period of years to register non-criminal and criminal incidents involving anti-social behaviour.

R (Cole) v Commissioner of Police of the Metropolis (2012):

Judicial review seeking to quash a caution where the original incident was beyond the six-month limitation period for prosecution.

R (Maitland) v Commissioner of Police of the Metropolis (2012):

Judicial review seeking to quash a caution concerning capacity to understand the cautioning process and adherence to PACE codes.

R (Ghafoor) v (1) Secretary of State for Justice (2) Parole Board of England and Wales (2011):

Judicial review concerning alleged delay in the provision of a parole dossier where relief sought included damages and a declaration.

Mehmi v Commissioner of Police of the Metropolis (2011):

Challenge to the decision of the Commissioner not to permit an officer to continue in a business involving the rental of properties outside the police area.

Hussey v Commissioner of Police of the Metropolis (2011):

Challenge to the decision of the Commissioner not to permit an officer to engage in a business interest concerning members of his family and firearms.

Inquests:

In addition, Elliot acts for the police in inquests where the police wish to avoid particular adverse findings of fact, involving arguments as to the suggested faults either with police force systems and policies or failures of individual officers. Recently Elliot has been involved in:

Inquest into the death of Richard Wheeler (2012):

Instructed for the Chief Constable of Dyfed Powys. Mr Wheeler, a motorcyclist, collided with a police car travelling with its emergency sirens on, driving quickly to another incident.

Employment Law:

Elliot is experienced in a wide range of employment matters from unfair dismissal to complicated discrimination claims, breach of contract and TUPE.

A large element of Elliot’s work focuses on discrimination including race, sex, sexual orientation, religious belief and disability. He has acted for diverse clients, particularly respondents, concerning the identification of the appropriate comparator, detrimental behaviour and generally in complicated factual disputes spanning extended periods of time.

A number of Elliot’s cases have involved whistle-blowing with all the delicate issues of negative or adverse publicity that follow.

Recent cases have included:

TRIGGER - Independent Insurance Company Limited (Appellant) v Fleming and another (Respondents) [2012] UKSC 14:

Claim in the Supreme Court as to whether employers' liability insurance policies covering employers for disease contracted or injury sustained during the relevant insurance period covered cases where the disease was caused during the insurance period, not only when the disease manifested itself.

Rackham-Mann v Ministry of Defence (2012):

A six-day case concerning sexual discrimination, harassment, victimisation, being subject to a detriment for making a protected disclosure, failure to permit an accompanying friend at a disciplinary hearing and constructive dismissal.

Hawkins v Secretary of State for Justice (2012):

A claim concerning the dismissal of a prison guard, the fairness of the internal disciplinary procedures and the manner in which they were conducted.

Villiers v Home Office (2012):

Advice and conclusion of a case concerning stress at work, disability discrimination and harassment arising out of the transfer of a civil servant and the effect of the COSOP or Transfer of Complex and Sensitive Casework policy.

Kurmalee v Ministry of Justice (2012):

A claim for damages by an employee concerning discrimination on the grounds of race, age disability and harassment on the grounds of age.

B v Norfolk Police Authority (2011):

Advice on whether an employee was disabled pursuant to the Equality Act 2010, the steps to be taken by occupational health in light of events, how human resources should proceed with disciplinary proceedings and how to treat a purported resignation.

Clark v Commissioner of Police of the Metropolis (2011):

A claim for damages by a police constable for rest days not taken pursuant to the Working Time Directive that he stated he was not permitted take before the date of his retirement.

Couling v Chief Constable Bedford (2011):

A judicial mediation.

Kojima v Nomura International (2011):

Advice concerning alleged non-payment of a bonus pursuant to a contractual scheme.

Licensing Law:

Elliot undertakes all manner of licensing hearings involving alcohol and/or entertainment including pubs, bars, nightclubs, restaurants, large open-air gatherings and festivals, sex establishments and entertainment, and taxi licensing on behalf of police forces and licensing authorities and private clients.

Elliot has recently been successful in the case involving the Southampton licensing authority requiring a driver to have installed in their taxi-cab always-on video and audio recording equipment. He persuaded a judge that this was an unjustified breach of Article 8 and he is now instructed in the consequent appeal.

Elliot has provided a number of licensing seminars, and is presently delivering a series of talks, in conjunction with the Institute of Licensing, on licensing hearings. Others have included presentations to the Government of the South East, Cambridgeshire constabulary and Norfolk constabulary.

Personal Injury:

Elliot’s work is concentrated in the multi-track litigation. He acts for both claimants and defendants in actions involving both multiple parties and significant injuries and levels of damages.

A large element of Elliot’s personal injury practice involves police constabularies and accidents at work whether caused during the course of work or training exercises, industrial injuries caused over long periods of time, and stress and/or psychiatric injury arising from bullying at work and/or workplace stress.

Elliot regularly advises on prospects of success concerning liability, evidence generally, settlement terms and questions to medical experts. He also acts in settlement conferences and mediation hearings.

Elliot also has an impressive knowledge of costs. He is regularly instructed in costs-only claims and has conducted a number of costs-appeals in the Supreme Court Costs Office, the County Court and the High Court. He has contributed to two legal training videos on the subject of costs after offers and the fixed costs regime.

Additional:

Elliot is presently a mentor and an advocacy trainer for the Inner Temple.

Elliot has an extensive background in debating. He has been a debating coach both in England and in Europe. Elliot and his debating partner won the European Debating Championship 2001 and were ranked 6th at the World Debating Championships 2002.

In 2005, Elliot accepted an invitation to be a judicial assistant to Lord Justice May in the Civil Division of the Court of Appeal for a three month fixed post.

In 2003, Elliot was presented with the Northern Bar pro-bono award for employment law and CICA work by the then Lord Chancellor, Lord Irvine.

Elliot has experience of public inquiries having worked on the first phase of the Shipman enquiry (2002).

Elliot provides CPD lectures to solicitors on all aspects of his practice.